Terms of Service and Privacy Policy

If you require more information or have questions about our Terms of Use and Privacy Policy, please feel free to contact us at: help@epartrade.com

TERMS OF USE

Introduction

The EPARTRADE Platform is a trade-only platform that provides an internet-based informational, business networking, and e-commerce platform exclusively for members of the motor racing industry, including race teams, racing businesses, and other motorsports professionals. The Platform is not intended for consumer use.

This document entitled “Terms of Use” sets forth the entire agreement (the “Agreement”) between you and EPARTRADE. In this Agreement, the term “EPARTRADE” means EPARTRADE, LLC, a California limited liability company, and its members and managers, as well as any subsidiaries, affiliates, related companies, suppliers, licensors and partners, and the officers, directors, employees, agents, and representatives of each of them. This Agreement governs your use of our website (the "Site" or "Platform"). EPARTRADE may be referred to hereinafter as “EPARTRADE,” “we,” or “us.” You understand and agree that all such references are intended to refer to EPARTRADE, LLC, a California limited liability company.

This Agreement provides important information to you, including information about your obligations about your content, our limitation of liability to you, and your agreement to resolve any disputes by individual arbitration and to waive the right to participate in a class action.

Please read this Agreement carefully. By using our Site, you agree to be bound by all of the terms and conditions set forth in this Agreement, and you acknowledge and agree that this Agreement constitutes a legally binding contract. These terms and conditions apply to all users of the Platform. If you do not agree to any of the terms set forth herein, do not create an account with us or otherwise access or use our Platform.

1. Using the EPARTRADE Platform.

(a) Business Use. The Platform is intended for use by business and commercial users in the motor racing industry. All users must be at least the age of majority in the state where you live to use the Site. Use of the Platform by anyone under 18 years of age is prohibited.
(b) Registration. You must register with us and create an account in order to use the Platform. If you register with us, you agree to provide only information that is truthful and accurate, and you agree to use your real name in creating your account and to update your information as needed to maintain its accuracy. We will treat personally identifiable information you provide as part of registration in accordance with our Privacy Policy.
i. Basic accounts. Members of the racing industry, such as race teams, engine builders, and other industry members who wish to search for, identify, and source products or services may register for a basic EPARTRADE account. The basic account permits industry members to use the Platform free of charge. Basic account holders may post only their names, addresses, and contact information on the Platform.
ii. Supplier accounts. Industry suppliers (manufacturers, distributors, and service providers) may register for subscription accounts and upgrades that, in exchange for the supplier’s payment of EPARTRADE’s applicable fees and charges, permit them to post and view additional Platform content, such as videos, product spotlights, promotions, and biographical information. Suppliers may purchase account upgrades in accordance with EPARTRADE’s prevailing fees, charges, and offerings available at the time of purchase.
(c) Privacy Policy. Our privacy practices are set forth in our Privacy Policy. By use of the Platform, you agree to accept the Privacy Policy, regardless of whether you are a registered user.
(d) Acceptable Use Policy. At all times when using the Platform, you agree to abide by common standards of etiquette and to act in a professional manner. You agree to comply with all applicable laws and to provide truthful information.
(e) Termination. You may close your account at any time, subject to the terms and conditions of your registration, by using the Cancellation Button on the Edit your Profile Information Page on our Site. We reserve the right to suspend your use of the Site permanently or temporarily at any time for any reason and without any notice or liability to you. In addition, we may terminate your account at any time and for any reason, including but not limited to your violation of any EPARTRADE policy. Please be advised that even upon termination of your use of the Site, certain provisions of this Agreement will survive termination, as detailed in Section 9(h) below.

2. Your Content.

(a) Definition of Your Content. The Platform enables you to post information and content, which may include, depending upon the type of account for which you register (basic account or supplier / upgraded account as set forth Section 1 above), without limitation photos, videos, profile pictures, ads, solicitations, and commentary. All such information and material that you display on the Platform will be referred to collectively as “Your Content.” You acknowledge and agree that, as part of using the Platform, Your Content may be viewed by other users of the Platform and will not be treated as private or confidential.
(b) License and Permission to Use Your Content. You hereby grant to us and our affiliates the following non-exclusive license: a worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process Your Content without any further consent, notice, and/or compensation to you or others for the duration of any copyright or other rights in Your Content. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in Your Content. If you identify yourself by name or provide a picture or audio or video recording of yourself, you further authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to reproduce, print, publish and disseminate your name, voice and likeness throughout the world through our Platform. You may end this license for specific content by deleting such content from the Platform or generally by closing your account.
(c) Ownership. As between you and EPARTRADE, we acknowledge and agree that you, or your licensors, as applicable, retain ownership of any and all copyrights in Your Content, subject to the non-exclusive rights granted to us in the paragraph above, and that no ownership of such copyrights is transferred to us under this agreement. Further, with respect to Your Content in the form of photos and videos, and subject to EPARTRADE user experience considerations: (a) we will use commercially reasonable efforts to maintain the attribution of such photos as submitted by you, and (b) we will not license or sublicense to third parties individual photos or collections of photos, or individual videos or collections of videos, except in each case for EPARTRADE Business Purposes. “EPARTRADE Business Purposes” means any use in connection with an EPARTRADE-branded or co-branded website, application, publication or service, or any use which advertises, markets or promotes the Platform, the services or the information it contains, EPARTRADE, or our affiliates.
(d) You Are Responsible for Your Content. By posting Your Content on the Platform, you represent and warrant to us that you have the ownership rights, or you have obtained all needed licenses or permissions from any necessary parties, to use Your Content in this manner. This includes obtaining the right to grant us the rights to the use of Your Content in accordance with this agreement. You are in the best position to judge whether Your Content is in violation of intellectual property or personal rights of any third-party. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others in connection with Your Content. You are responsible for ensuring that your content does not violate EPARTRADE’s policies on acceptable use set forth in this Agreement or any other EPARTRADE agreement with you, any person’s intellectual property rights, or any applicable law or regulation. You agree to pay all royalties, fees and any other monies owed to any person by reason of Your Content.
(e) Limits. We generally do not monitor Your Content or review it for accuracy or completeness. However, we reserve the right to edit, abridge, or remove Your Content, in whole or part, for any reason (which may include a reported violation of our policies). We reserve the right to edit, refuse to post or remove Your Content submitted by you for any reason without notice. We do not guarantee that we will publish all of Your Content. EPARTRADE is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content that you or others provide, except as may be required by applicable law.

3. Our Content and Materials.

(a) Definition of Our Content and Materials. All intellectual property in or related to the Platform (specifically including, but not limited to our software, our trademarks, our logo, and any EPARTRADE buttons, badges, and widgets, but excluding Your Content), is the property of EPARTRADE, LLC, its subsidiaries and affiliates or its licensors (“Our Content and Materials”). As to Our Content and Materials, we reserve all rights and grant no rights or licenses, implied or otherwise.
(b) No Endorsement or Verification. Please note that the Platform allows you to access third-party content, third-party advertisements or promotions of products and services, and it facilitates interactions with third-parties over whom we have no control. EPARTRADE assumes no responsibility for, nor do we endorse or verify the content, offerings or conduct of third-parties (including but not limited to the products or services offered by third-parties or the descriptions of the products or services offered by third-parties on the Platform). Participation on the Platform does not constitute an endorsement or verification by EPARTRADE. We make no warranties or representations with respect to the accuracy, completeness or timeliness of any content posted on the Platform by anyone.
(c) Restrictions. Except as expressly provided in these terms, you agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, decompile, or otherwise exploit Our Content and Materials without our express written permission. You expressly are prohibited from any use of data mining, robots, spiders, or similar data gathering and extraction tools in your use of the Platform. You may view and print a reasonable number of copies of web pages located on the Platform for your own personal use, provided that you retain all proprietary notices contained in the original materials, including attribution to EPARTRADE.
(d) Ownership. You acknowledge and agree that the Platform and all EPARTRADE marks will remain the property of EPARTRADE. The content, information and services made available on the Platform are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. You acknowledge that you do not acquire any ownership rights by using the Platform.
(e) Buttons, Links and Widgets. You have permission to use the EPARTRADE buttons, links and widgets, subject to these Terms of Use (including the disclaimers and limitations of liability) and the further understanding that: (a) your use of such buttons, links and widgets link only to the Platform; (b) you will not modify such buttons, links, widgets or associated code in any manner; (c) you will not use any such buttons, links, widgets in any manner which implies or suggests that we endorse, sponsor, or recommend the website on which such buttons, links and widgets are used; and (d) the use of such buttons, links and widgets, and the website on which such buttons, links and widgets are used do not violate EPARTRADE’s policies on acceptable use set forth in this Agreement or other agreements with you.

4. Reporting Violations of Your Intellectual Property Rights, EPARTRADE Policies, or Applicable Laws

We have a special process for reporting violations of your intellectual property rights or other violations of EPARTRADE policies or applicable laws.
(a) Copyright and Trademark Policy. EPARTRADE expects users of the Platform to respect the intellectual property rights of others. Users who have uploaded content have represented and warranted that they have the rights to permit EPARTRADE to use it on the Platform. If you infringe copyrights or other intellectual property rights of others, Your Content may be removed or suspended in whole or part. It is our policy, in appropriate circumstances and pursuant to our discretion, to disable and/or terminate accounts of users who repeatedly infringe or are charged repeatedly with infringing the copyrights or other intellectual property rights of others. If you believe any content on the Platform infringes your intellectual property rights, you may notify us in writing to request that such information be taken down or to request that access to it be blocked. Such written notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work(s) or trademark(s) claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Platform; (d) information reasonably sufficient to permit us to contact the complaining party, such as the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(b) Reports of Other Violations. If you believe content on the Platform violates our policies, or otherwise violates applicable law (apart from copyright or trademark violations), you may notify us in writing.
We have no obligation to delete content that you personally may find objectionable or offensive. We endeavor to respond promptly to requests for content removal, consistent with our policies described above and applicable law.

5. Disclaimers and Limitations of Liability.

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF EPARTRADE TO YOU.
EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW:
(a) WE ARE PROVIDING YOU THE SITE, INFORMATION, DESCRIPTIONS OF PRODUCTS AND SERVICES, AND THIRD-PARTY CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, EPARTRADE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES WITH REGARD TO THE INFORMATION, PRODUCTS, AND SERVICES DESCRIBED ON THIS SITE, INCLUDING ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR USE, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
(b) EPARTRADE MAKES NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR: (i) CONTENT POSTED BY ANY THIRD-PARTY ON THE SITE, (ii) THE PRODUCT DESCRIPTIONS OR PRODUCTS, (iii) THIRD-PARTY SITES AND ANY THIRD-PARTY PRODUCT OR SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE SITE, AND (iv) THE QUALITY OR CONDUCT OF ANY THIRD-PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SITE.
(c) YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, EPARTRADE WILL NOT BE LIABLE TO YOU, UNDER ANY THEORY OF LIABILITY, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF EPARTRADE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF AND IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SITE OR ANY PRODUCTS OR SERVICES REFERENCED OR DISPLAYED ON THE SITE. YOUR USE OF THE SITE, AND ALL PRODUCTS, INFORMATION, OR SERVICES REFERENCED OR DISPLAYED THEREIN, IS AT YOUR SOLE RISK.
(d) YOU AGREE THAT IN NO EVENT SHALL THE LIABILITY OF EPARTRADE OR ITS AFFILIATES EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (i) TWO TIMES THE MOST RECENT YEARLY SUBSCRIPTION FEE THAT YOU HAVE PAID TO EPARTRADE, OR (ii) U.S. $2,500.
(e) THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE PART OF THE BARGAIN BETWEEN YOU AND EPARTRADE AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G., WARRANTY, TORT, NEGLIGENCE, CONTRACT), EVEN IF EPARTRADE HAS BEEN TOLD OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF THE REMEDIES AVAILABLE HEREUNDER FAIL IN THEIR ESSENTIAL PURPOSE.

6. Indemnification.

You agree to fully indemnify, defend, and hold EPARTRADE and its members, managers, directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of any part of this agreement, including but not limited to our policies referenced herein; (b) any allegation that any materials you submit to us or transmit to the Platform infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (c) your activities in connection with the Platform or other websites to which the Platform is linked; and/or (d) your negligent or willful misconduct.

7. Dispute Resolution.

(a) Arbitration. You and EPARTRADE agree that any dispute, claim or controversy arising out of or relating to the this agreement or to your use of the Platform (collectively “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and EPARTRADE each are waiving the right to a trial by jury or to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and EPARTRADE agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not preside over any form class action proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” Section 8 will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” Section 8 will survive any termination of this Agreement.
(b) Arbitration Rules and Governing Law. The arbitration will be administered by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures or its Streamlined Arbitration Rules and Procedures (“the “JAMS Rules”) then in effect, depending upon the amount in controversy, except as modified by this “Dispute Resolution’ section. (The JAMS Rules are available at https://www.jamsadr.com/adr-rules-procedures/ or by calling JAMS at 1-949-224-1810). The Federal Arbitration act will govern the interpretation of this section.
(c) Arbitration Process. A party who desires to initiate the arbitration must provide the other party with a written Demand for Arbitration as specified in the JAMS Rules. The arbitrator will be selected as provided in the JAMS Rules.
(d) Arbitration Location and Procedure. Unless you and EPARTRADE agree otherwise, the arbitration will be conducted in Orange County, California. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and EPARTRADE submit to the arbitrator, unless you request a hearing and the arbitrator then determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the JAMS Rules.
(e) Arbitrator’s Decision. The arbitrator will render an award within the timeframe specified in the JAMS Rules. Judgment on the arbitration may be entered in any court having jurisdiction thereof. Any award of damages by an arbitrator must be consistent with the “Disclaimers and Limitations of Liability” section above. The arbitrator may award declaratory or injunctive relief in favor of the claimant only to the extent necessary to provide relief warranted by the claimant’s individual claim.
(f) Fees. Your responsibility to pay any JAMS filing, administrative and arbitrator fees will be as set forth in the JAMS Rules.

8. Miscellaneous.

(a) Controlling Law and Jurisdiction. This agreement will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to their conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a federal or state court located in Orange County or Los Angeles County, California for any actions for which the arbitration provision, as set forth in the Dispute Resolution provision above, does not apply.
(b) Changes. We reserve the right at any time to:
i. change the terms and conditions of this Agreement, consistent with applicable law;
ii. change the Platform, including eliminating or discontinuing any information or services or other features in whole or in part; and
iii. deny or terminate your EPARTRADE account, or use of and access to the Platform.
Any changes we make to the terms and conditions contained in this Agreement will be effective immediately upon our making such changes available on the Platform, and posting notice of such changes on the Platform or in another manner in our reasonable discretion. You agree that your continued use of the Platform after such changes constitutes your acceptance of such changes. If you do not agree with any of the updates to this Agreement, you should not use the Platform. Be sure to return to this page periodically to ensure your familiarity with the most current version of the terms of use.
(c) Languages. English is the authoritative text of this Agreement and all communications, notices, arbitrations and other actions and proceedings relating to this agreement will be made and conducted in English, even if we choose to provide translations of this Agreement into the native languages in certain countries.
(d) Assignment. No terms of this Agreement, nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sub-licensable by you except with our prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. We may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion.
(e) Waiver. Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.
(f) Headings. Any heading, caption, or section title contained is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
(g) Entire Agreement/ Severability. This agreement supersedes all prior terms, agreements, discussions and writings regarding the Platform and constitutes the entire agreement between you and EPARTRADE regarding the Platform. If any provision in this Agreement is found to be unenforceable, then (except as expressly provided otherwise in Section 8 (Dispute Resolution)) that provision will not affect the enforceability of the remaining provisions of the Agreement, which will remain in full force and effect.
(h) Survival: The following provisions will survive expiration or termination of this Agreement: Section 2 (Your Content), Section 3(c) (Restrictions) and 3(d) (ownership), Section 5 (Disclaimers and Limitations of Liability), Section 6 (Indemnification), Section 7 (Dispute Resolution), and Section 8 (Miscellaneous).
(i) Contact. Feel free to contact us by emailing us at help@epartrade.com with any questions about this agreement. The EPARTRADE Platform is operated by:

EPARTRADE, LLC
2465 Lyric Avenue
Los Angeles, CA 90027
Copyright © 2018 by EPARTRADE, LLC

PRIVACY POLICY

EPARTRADE is an information and business network dedicated to professionals and businesses in the auto racing industry. EPARTRADE’s mission is to enable members of the auto racing industry, including racing teams, manufacturers and suppliers of parts and equipment, and service providers to connect with each other through the EPARTRADE website (the “Site” or “Platform”) and to help them be more productive and successful. This Privacy Policy is intended to help you understand what information EPARTRADE collects, how we use it, and what choices you have. By using our Platform, you consent to our collection and use of your information under the terms of this Privacy Policy. The terms “we” or “our” refer to EPARTRADE, LLC, a California limited liability company headquartered in Los Angeles, California USA.

1. Introduction

(a) Our registered users (“Members”) use the Platform to share their professional identities, engage with their network, exchange knowledge and professional insights, post and view relevant content, learn about and find business opportunities. Content posted on the Platform is available to both non-members (“Visitors”) and Members. This Privacy Policy applies to all users of the Platform. (b) If you use our Platform, you consent to the collection, use and sharing of your personal data under this Privacy Policy and agree to the terms of EPARTRADE’s Terms of Use [insert link to Terms of Use]. (c) We may modify this Privacy Policy in our discretion. If we make material changes to it, we will provide notice through the Platform, or by other means, to provide you the opportunity to review the changes before they become effective. If you object to any changes, you may close your account or stop using the Platform. Your continued use of the Platform after we publish or send a notice about our changes to this Privacy Policy means that you consent to the updated Privacy Policy.

2. Registration.

(a) To create an account, you provide us with data including your name, physical address, email address and/or mobile telephone number, and a password. Your password will not be displayed on the Platform. (b) If you register for a premium service, we ask you for payment (e.g., credit card) and billing information. This information will not be displayed on the Platform. (c) You have an obligation to provide us with accurate and truthful information at all times.

3. Collection of Information.

(a) When you register to create an account, you will be asked to create a profile. You will have choices about the information on your profile, such as your education, username, qualifications, work experience, skills, current interests and projects, demographic information, and photos or videos. All information you provide for your profile will be displayed on the Platform. It is your choice whether to include sensitive information on your profile. Please do not post or add personal data to your profile that you would not want to be available to other members of the industry, users whom you do not know, or that you do not want to be publicly available (although information on the Platform is not necessarily available to the public at large, it may be shared by users with members of the public). (b) We collect personal data from you when you provide it in the creation of your account or when you post it on the Platform. (c) When you communicate with us (via email, phone, through the Platform or otherwise), we may maintain a record of your communication (including call recordings). (d) We collect and may store information about your use of the Platform, such as your search activity, the pages you view, and the date and time of your visit. We also collect and may store information that your computer or mobile device provides to us in connection with your use of the Platform, such as your browser type, type of computer or mobile device, browser language, IP address, mobile carrier, unique device identifier, location, and requested and referring URLs. (e) The Platform may also enable you to connect, at your initiation, with third-party providers of products and services whom you wish to contact outside of the Platform; any such information you submit or send to third parties in this manner, including your personal email address, is not subject to this Privacy Policy.

4. Our Use of Your Information.

(a) We use your data to authenticate you and authorize access to the Platform. (b) We will contact you through email, notices posted on the Platform, and by other means, which may include text messages and push notifications. We may send you messages about new content on the Platform, changes to the Platform, security, or other service-related issues. We may also send messages about how to use the Platform and promotional messages from us and our partners. You may change your communication preferences at any time. Please be aware that you cannot opt out of receiving service messages from us, including security and legal notices. (c) We use data and content about Members for invitations and communications promoting membership and network growth, engagement and our Platform. (d) We do not share your personal data with any third-party advertisers or ad networks for their advertising without your separate permission. However, if you click on an ad, the ad poster will know you visited the page that you clicked on. Also, advertising partners can associate personal data collected by the advertiser directly from you with our cookies and similar technologies. In such instances, we seek to contractually require such advertisers to obtain your explicit, opt-in consent before doing so. (e) We may use your data, including Member and Visitor feedback, to conduct research and development for the further development of the Platform in order to provide you and others with a better, more intuitive and personalized experience, drive membership growth and engagement on our Platform; to help connect auto racing industry professionals to each other and to economic opportunity; to provide the Platform’s functionality; to improve the Platform’s quality; to track usage of the Platform; to conduct quality control and spam and fraud prevention activities; to respond to your inquiries and requests; to back up our systems and allow for disaster recovery; to enhance the security of the Platform; to use as otherwise requested or consented to by you; and to comply with legal obligations. (f) We use the data (which can include your communications) needed to investigate, respond to and resolve complaints and service issues relating to the Platform (e.g., bugs). (g) We use your data (including your communications) if we think it’s necessary for security purposes or to investigate possible fraud or other violations of our Terms of Use or this Privacy Policy and/or attempts to harm our Members or Visitors.

5. Information Sharing

(a) Your profile is fully visible to all Members and Visitors who use the Platform. (b) We may share your personal data with our affiliates to provide and develop our services and to improve the Platform. (c) We may use third party service providers to help us provide our services on the Platform (e.g., maintenance, analysis, audit, payments, fraud detection, marketing and development). They will have access to your information as reasonably necessary to perform these tasks on our behalf and are obligated to not to disclose or use it for other purposes. (d) It is possible that we will need to disclose information about you when required by law, subpoena, or other legal process or if we have a good faith belief that disclosure is reasonably necessary to (1) investigate, prevent, or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (2) enforce our agreements with you, (3) investigate and defend ourselves against any third-party claims or allegations, (4) protect the security or integrity of our Platform (such as by sharing with companies facing similar threats); or (5) exercise or protect the rights and safety of EPARTRADE, our Members, personnel, or others. We attempt to notify Members about legal demands for their personal data when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but we do not promise to challenge every demand. (e) We can also share your personal data as part of a sale, merger or change in control, or in preparation for any of these events. Any other entity which buys us or part of our business will have the right to continue to use your data, but only in the manner set out in this Privacy Policy unless you agree otherwise.

6. Information Retention

(a) We retain the personal data you provide while your account is in existence or as needed to provide you services through the Platform. Even if you only use our Platform sporadically over a period of months or years, we will retain your information and keep your profile open until you decide to close your account. In some cases we may choose to retain certain information in a depersonalized or aggregated form. (b) If you choose to close your account, your personal data will generally stop being visible to others on our Platform within 24 hours. We generally delete closed account information within 30 days of account closure, except as noted below. (c) We retain your personal data even after you have closed your account if reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, enforce our Terms of Use, or fulfill your request to “unsubscribe” from further messages from us. We will retain de-personalized information after your account has been closed. (d) Information you have posted on the Platform may remain visible after you close your account or delete the information from your own profile, and we do not control data that other Members copied from the Platform. Your profile may continue to be displayed in the services of others (e.g., search engine results) until they refresh their cache.

7. Cookies and Other Tracking Technologies

(a) We, and third parties we interact with, including our third party service providers, use cookies in connection with your use of the Platform and third party websites (Cookies are small data files that may have unique identifiers, and reside, among other places, on your computer or mobile device, in emails we send to you, and on our Platform. We also use web beacons for similar purposes on our Platform and in HTML e-mails to our customers (e.g., to help us track e-mail response rates, identify when our e-mails are viewed, and track whether our e-mails are forwarded). In addition, we may use local shared objects (sometimes called "flash cookies"), java script, log files, and similar technologies (together with cookies and web beacons, collectively referred to as “Cookies” in this policy) to track and analyze site usage and facilitate advertising on our Platform and third party sites. (b) We may use Cookies to collect or transmit information about you and your use of the Platform or third-party sites, such as: your browser type, search preferences, data relating to advertisements that have been displayed to you or that you have clicked on, your interests on our Platform and other sites, and the date and time of your use. When we use Cookies, we do so in order to further the features and processes of the Platform, provide authentication and security for your transactions on the Platform, store your preferences, facilitate relevant advertising, and help us learn more about how users engage with the Platform, and understand your activities after you leave our Platform. Our Cookies may be persistent or stored only during an individual session. (c) You may opt-out of tracking by third parties for certain advertising purposes (as discussed) which can help you control targeted advertising by third-parties that track your activities across sites. It may be possible to disable certain Cookies through your device or browser settings. The method for disabling cookies may vary by device and browser, but can usually be found in preferences or security settings. However, doing so may affect your ability to use the Platform. If you are not comfortable with the above uses of Cookies, please do not use this Platform.

8. Links to Other Sites

Our Platform may contain links to other websites that are not controlled by us. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our site and read the privacy policies of each and every site you visit. This Privacy Policy applies only to information collected by our Platform.

9. Other Important Information

(a) We implement security safeguards designed to protect your data. We regularly monitor our systems for possible vulnerabilities and attacks. However, we cannot warrant the security of any information that you send us. There is no guarantee that data may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. (b) We have implemented security safeguards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure – so we cannot guarantee its absolute security. You should take certain steps to protect your account and personal information as well, such as by choosing a strong password and keeping such password private, and logging out of your account when you are finished using it. (c) We currently do not share personal data with third parties for their direct marketing purposes without your permission. If you have questions or complaints regarding this Privacy Policy, please contact us by email at help@epartrade.com or by standard physical mail at the address below: EPARTRADE, LLC 2465 Lyric Avenue Los Angeles, CA 90027 Copyright © 2018 by EPARTRADE, LLC